'Insurrection Ringleader' Yoon Given Life in First Trial... Court Says "Using Force to Paralyze the National Assembly Is Clearly Insurrection" (Updated)

Kim Yonghyun Gets 30 Years, Noh Sangwon 18 Years in Heavy Sentences
Police and Military Leadership Also Found Guilty, Including Cho Jiho with 12 Years

Former President Yoon Suk Yeol, who was indicted on charges of being the ringleader of an insurrection in connection with the December 3 Martial Law, was sentenced to life imprisonment in the first trial on the 19th.

Yonhap News Agency

The 25th Criminal Division of the Seoul Central District Court (Presiding Judge Ji Guyoun) sentenced former President Yoon to life imprisonment on this day on charges including being the chief instigator of an insurrection. Former Minister of National Defense Kim Yonghyun, who was indicted alongside him, was sentenced to 30 years in prison, and former Defense Security Command chief Noh Sangwon was given a heavy sentence of 18 years in prison.

Former National Police Agency Commissioner General Cho Jiho was sentenced to 12 years in prison, former Seoul Metropolitan Police Agency Commissioner General Kim Bongsik was sentenced to 10 years in prison, and former National Assembly Guard Commander Mok Hyuntae was also given a five-year prison term.

Yonhap News Agency

However, the court acquitted Yoon Seungyoung, former Director General for Investigation Planning and Coordination at the National Office of Investigation of the National Police Agency, and Kim Yonggun, former provost marshal (colonel) of the 3rd Army Command of the Third Field Army, stating that "there is insufficient evidence that they shared the purpose of the crime or participated in the conspiracy."

The court in this case also defined the December 3 Martial Law as an insurrection. The court stated, "Under our Constitution and the Martial Law Act, even a declaration of martial law cannot infringe upon the essential functions of the National Assembly or of the executive and judicial branches," and held that "mobilizing the military for this purpose does not constitute an exercise of powers granted by the Constitution, but clearly falls under the crime of insurrection."

In particular, regarding the argument from former President Yoon's side that this was a "legitimate act of governance to safeguard liberal democracy," the court rebuked that "this is nothing more than a personal motive or reason and cannot justify the objective of the insurrection, which was to mobilize the military to obstruct the functioning of the National Assembly," adding, "One must not confuse motive with purpose."

The court also found that the police and military leadership who were indicted alongside him would likewise be guilty of insurrection if they shared the awareness of the objective of subverting the constitutional order.

The court emphasized, "Even for members of the military and police who are required to obey orders, if they recognized the objective of subverting the constitutional order and took part in the uprising, they cannot escape criminal liability for insurrection."

The court pointed out, "The insurrection fundamentally damaged the values of democracy and inflicted immeasurable harm on our society, including undermining our external credibility," and added, "Former President Yoon led the offenses yet did not show even the slightest intention to apologize."

However, in explaining why it imposed life imprisonment instead of the death penalty on former President Yoon, the court stated that it had taken into account "the fact that the actions were not meticulously planned in advance and thus the measures taken were lax, that the carrying of live ammunition was prohibited to restrain direct loss of life, and that he is of advanced age."